Judge Blocks Effort to Evict Abortion Clinic

By JOHN T. McQUISTON

Published: November 24, 1995

MINEOLA, L.I., Nov. 22—
A landlord who won court permission last month to evict a Garden City, L.I., abortion clinic moved this week to begin the eviction, but the clinic has won yet another court stay to block the action.

Justice Gloria Goldstein of the Appellate Division of State Supreme Court in Brooklyn issued a temporary stay on Tuesday, a day after the landlord began eviction proceedings, Stephen B. Latham, the clinic's lawyer, said today.

On Oct. 30, Justice John DiNoto of State Supreme Court in Mineola found that the landlord's rules banning abortions in his building at 1103 Stewart Avenue in Garden City were reasonable.

Mr. Latham said Justice Goldstein issued the stay pending an appeal of Justice DiNoto's ruling. He said that the court could rule as early as Dec. 6 on whether it would hear the appeal.

Meanwhile, he said, the clinic, Long Island Gynecological Services, which has 8 years left on its 11-year lease, will continue to operate.

The landlord, Ronald J. Morey, had argued that shootings and other violent protests by anti-abortion militants had threatened the safety of all his tenants.

Mr. Morey issued the new tenant rules in January, several days after a wave of anti-abortion violence at clinics across the country, including the killings of two people at a clinic in Brookline, Mass. During that time, signs were posted anonymously at the clinic in his building warning:

"Danger. This is a war zone. People are being killed here -- like Boston. You risk injury or death if you are caught on or near these premises."

Mr. Latham said two basic issues were before the appeals court: whether the new rules issued by Mr. Morey were reasonable, and whether the landlord had inhibited the clinic from adhering to his rules and given the clinic enough time to comply.

"The clinic has hired its own security guards, but the landlord has imposed restrictions on where they can patrol and inhibited the installation of some security devices," Mr. Latham said.